Virginia Fair Housing and Ethical Practice (13) Flashcards Preview

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Flashcards in Virginia Fair Housing and Ethical Practice (13) Deck (16)
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1

What does the Virginia Fair Housing Law, Title ____, Chapter _____ state?

36
5.1

All discriminatory practices in residential housing transactions are prohibited.

2

Regarding the Fair Housing Board, a Fair Housing Board was created at _______ in _______ to administer and enforce the provisions of the Fair Housing Law. In the past, such authority was vested with the ____________. The Fair Housing Board shall establish, by regulation, an education-based certification or registration program, as the Board deems appropriate. The Fair Housing Board has no authority to discipline persons licensed by the REB who violate the Fair Housing Law; this authority will remain with the ______.

Department of Professional and Occupational Regulation (DPOR)

2003

Real Estate Board

REB

3

Regarding membership of the Fair Housing Board, The Fair Housing Board is composed of ______ members, to be appointed by the ________.

Describe and list the make-up of the Fair Housing Board?

11
governor

6-Reps

1) local government
2) mortgage lending industry
3) property and casualty insurance industry
4) residential property management industry
5) disability community
6) residential land lease industry

7)Architect
8) Contractor

3 - Citizen members

4

What are the initial time frame terms of Board members for the Fair Housing Board?

- 4 members appointed for a term of 4 years
- 4 members appointed for a term of 3 years
- 3 members appointed for a term of 2 years

*Thereafter, all terms of Board members are for terms of four years.

5

Regarding the term "Elderliness" in terms of the Fair Housing Law, an elderly person is any individual who has attained his or her _____ birthday.

55th

6

The Fair Housing Law protects individuals under the age of ___ who live with either

- a parent or other person having legal custody or
- the designee of a parent or other person having custody with the written permission of the parent or other person.

18

7

T/F. Regarding Fair Housing Law, individuals in a recognized drug treatment program are considered handicapped as well as individuals having a record of being handicapped in any legally recognized way?

True

8

List and describe 5 exemptions to the Virginia Fair Housing Law?

1) An owner selling or renting his/her single-family residence
- owner must not own more than 3 such homes at the time.
- If the owner was not residing in the home at the time of the sale, the exemption applies to only one sale within any one 24-month period.

2) Rooms or units in one to four-family structures
- owner must not use discriminatory advertising.

3) Religious organizations may discriminate on the basis of religion only

4) Private, state-owned, or state-supported educational institutions, hospitals, nursing homes, religious organizations, and correctional institutions may, require single-sex occupancy

5) Private membership clubs that provide lodging

9

Describe the way in which a "shared dwelling" may be advertised?

May discriminate only on the basis of sex.

10

Certain restrictive covenants and zoning laws exist that restrict housing in an area to single-family housing. According to Virginia Fair Housing law, a family care home, foster home, or group home in which no more than ______ persons reside who are mentally ill, retarded, or developmentally disabled, together with resident counselors or staff, is considered single-family occupancy for zoning purposes.

8

11

T/F. A condominium unit owners' association may, if permitted by the bylaws, restrict the number of occupants in any unit

True. As long as the limitation is reasonable and not more restrictive than the local zoning ordinance.

12

In regards to exemptions from Virginia Fair Housing and housing for the elderly, it is legal to discriminate on the basis of age to permit housing for elderly persons. Housing is exempt from the familial status protection if it is provided under a state or federal program designed to assist the elderly, or if it is intended for and solely occupied by persons at least ____ years of age, or if it has at least one person ______ years of age or older in ________ of the occupied units.

62
55
80%

13

T/F. Regarding protection under the Virginia Fair Housing Law, people who have been convicted of the illegal manufacture or distribution of controlled substances are protected by the fair housing law?

False

14

T/F. Regarding exemptions of Virginia Fair Housing Law, local counties, cities, and towns may enforce legislation adopted prior to 1991 that is more restrictive (protective of more classes) than either the state or the federal law?

True

15

In regards to enforcement of the Fair Housing Law and discrimination, persons who feel that their rights under the Fair Housing Law have been violated may take action against the party alleged to have discriminated. Complaints involving persons licensed by the REB must be filed with the _________, which is empowered to initiate and receive complaints against licensees, investigate alleged violations, and resolve conflicts either by conference and conciliation or by issuing a charge and referring the matter to the _________ for action.

A complaint must be filed with the REB within ______ of the occurrence or termination of the alleged discriminatory practice.

In any action brought under the Virginia Fair Housing Law, the burden of proof is upon the ____________. The REB must acknowledge receipt of the complaint and advise the claimant of time limits and choices of forums for hearing the complaint.

Accused persons must be notified of the allegation and of their legal rights within___________. Proceedings must commence within ________ after receiving the complaint. The investigation should be completed within ________. While the investigation may take longer than 100 days in some circumstances, no investigation may take more than ________ from the date of the complaint.

REB
attorney general
1 year
complainant
10 days
30 days
100 days
1 year

16

Regarding enforcement of the Fair Housing Law, whether or not a complaint has been filed with the REB, a ________ may also be initiated by an injured person in a U.S. district court or state court within_______ after the occurrence or termination of an alleged discriminatory housing practice. If a civil action is filed at the same time a complaint is filed with the REB, the REB will ________ action until the court rules. If a ___________ is breached, a civil action may be filed within _________ of the breach.

civil action
2 years
delay
conciliation agreement
2 years